Crl.O.P.(MD) No.5711 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 29.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.(MD) No.5711 of 2022

D.Jagin Durai

...Petitioner/Sole Accused

Vs.

1. The Inspector of Police,

Thoothukudi South Police Station,

Thoothukudi District.

(Crime No.39/2019)

... Respondent/Complainant

2. Saravanakumar

...Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.

praying to call for the records from the in C.C.No. 329 of 2019 on

the file of the learned Judicial Magistrate No. I, Thoothukudi and

quash the same

For Petitioners

: Mr.G.Radhakrishnan

For Respondents

: Mr.R.M.Anbunithi

No.1

Additional Public Prosecutor

For Respondents

: Mr.Iyyappan

No.2

ORDER

The Criminal Original Petition has been filed to quash the

proceedings in C.C.No. 329 of 2019 on the file of the learned

Judicial Magistrate No. I, Thoothukudi.

2.The case is under trial. By passage of time, the parties

have decided to bury their hatchet and compromise the dispute

amicably among themselves.

3.A Joint Memo of Compromise has been filed before this Court

which has been signed by the petitioners and the second respondent

and also by their respective counsel. The parties were present

before this Court and they were identified by their respective

counsels.

4. Under such circumstances, no useful purpose will be served

in keeping the C.C.No. 329 of 2019 on the file of the learned

Judicial Magistrate No. I, Thoothukudi, even though, the offences

involved are not compoundable in nature. In the light of the

guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC

641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this

Court in exercise of its jurisdiction under Section 482 Cr.P.C.

quashes the charge sheet in C.C.No. 329 of 2019.

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Crl.O.P.(MD) No.5711 of 2022

5.This Criminal Original Petition stands allowed and as a

sequel, the proceedings in C.C.No. 329 of 2019 on the file of the

learned Judicial Magistrate No. I, Thoothukudi , is quashed and the

terms of Joint Memo of Compromise shall form part and parcel of this

order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five

Thousand only) as costs, to the to the credit of Government of Tamil

Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720

10000 00070, IFSC Code: IOBA0001172) on or before 08.04.2022 and

produce the receipt before the concerned Court, failing which the

order shall stand dismissed automatically without any further

reference to this Court.

Sd/-

Assistant Registrar (W)

// True Copy //

31/03/2022

Sub Assistant Registrar(CS-II)

aav

ENCL:Xerox Copy of Joint Compromise Memo

To

1.The Judicial Magistrate No. I,

Thoothukudi

2.The Inspector of Police,

Thoothukudi South Police Station,

Thoothukudi District.

3. The Additional Public Prosecutor

Madurai Bench of Madras High Court, Madurai.

COPY TO:

THE OFFICER INCHARGE,

THE CHIEF MINISTER PUBLIC RELIEF FUND,

SECRETARIAT,

CHENNAI - 9.

+1 CC to M/s.G.RADHAKRISHNAN, Advocate ( SR-15742[F]

dated 31/03/2022 )

Crl.O.P.(MD) No.5711 of 2022

29.03.2022

tp(CO)

GC(31.03.2022) 2P 6C

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